M'Allister v. Marshall
Supreme Court of Pennsylvania
^TTIIS was an ejectment for a brick messuage and lot of ground, situated on the south side of Chesnut street in *be city of Philadelphia.
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^TTIIS was an ejectment for a brick messuage and lot of ground, situated on the south side of Chesnut street in *be city of Philadelphia. The cause was tried before the Chief Justice in November last, when by consent a verdict was entered for the defendant, subject to the opinion of the Court upon the evidence, which by the report of his honour was as follows: The plaintiff, who was a bona fde creditor of Charles Marshall the defendant and his son Charles Marshall jr. at' the time of the assignment hereafter mentioned, instituted • • i • i • ^ ~ , a suit against them m this Court to September…
1Opinion of the Court
Tilghman C. J.
after particularly stating the case, delivered his opinion.
When the cause was argued, I strongly inclined to the opinion that the trust might be supported, because the creditors by whom it was created, had debts fairly due from Charles Marshall and Son, to a much greater amount than the value of their whole property; so that the relinquishment of part in favour of the family, seemed no more than giving up what was their own: and although this view of the case is just, so far as concerns the debtor and those Creditors who wished to provide for his family, yet on full…
2Cited by7 opinions
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- Hennessy v. Western BankSupreme Court of Pennsylvania · 1843
- Wilcox v. HenrySupreme Court of the United States · 1782
- Downing v. KintzingSupreme Court of Pennsylvania · 1816
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